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HomeMy WebLinkAbout01-191 Resolution No. 01-191 RESOLUTION AUTHORIZING EXECUTION OF A SUB-RECIPIENT AGREEMENT WITH THE YWCA OF ELGIN, ILLINOIS FOR CAPITAL IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Sub-recipient Agreement on behalf of the City of Elgin with YWCA of Elgin, Illinois for capital improvements to 220 East Chicago Street, a copy of which is attached hereto and made a s/ Ed Schock Ed Schock, Mayor Presented: July 11, 2001 Adopted: July 11, 2001 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SUB-RECIPIENT AGREEMENT BETWEEN THE CITY OF ELGIN,AND YWCA OF ELGIN, ILLINOIS B-17-01-MC-0011 THIS AGREEMENT is made and entered into this 11`'' day of July, 2001, by and between YWCA OF ELGIN, ILLINOIS, a not-for-profit corporation incorporated pursuant to the laws of the State of Illinois and an agency of United Way, (hereinafter referred to as the "Sub- recipient"), and the CITY OF ELGIN, Illinois, an Illinois municipal corporation, (hereinafter referred to as the"Grantee"or"City"). WHEREAS, Grantee has applied for and received funds from the United States Government pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93 —383, as amended; and WHEREAS, Sub-recipient operates a multiple purpose facility located at 220 East Chicago Street in Elgin, Illinois (hereinafter referred to as "Facility"), which provides the community with social service programs and health and fitness programs; and WHEREAS, Sub-recipient's Facility is in need of building rehabilitation work as follows: installation of a new fire alarm system which is compliant with the Americans with Disabilities Act; and WHEREAS, Sub-recipient provides assistance to at-risk youth, refugees, non-native speakers and the elderly; and serves primarily (98%) low and moderate income families through its various programs; and WHEREAS, Sub-recipient lacks the capital to undertake the needed fire alarm system installation and will use CDBG funds to complete this upgrade to their facility; and WHEREAS, Grantee has determined it to be in its best interest to enter into this Agreement with Sub-recipient to assist Grantee in utilizing CDBG funds totaling $77,000.00 for the fire alarm system installation project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged,the parties hereby agree as follows: 1. Statement of Work A. Activities The Sub-recipient's performance of all the following activities must be performed in a satisfactory manner. Whether performance is satisfactory is determined by the Grantee in its sole discretion. Should Sub-recipient not perform in a satisfactory manner, as solely determined by the Grantee, Grantee may terminate the Agreement and pursue any remedies provided by law including but not limited to suits for breach of contract, or for reimbursement of any and all money paid to Sub-recipient by Grantee. Sub-recipient shall provide the following services: Child Development Services, English Literacy activities (ages 0 - 5), Pre-school and Day camps, and school age child care (grade K-6); Youth Services, including Residence camp, outdoor education activities, English literacy summer program, refugee youth program (10 - 21 Years), dances and overnights, At-Risk Youth enrichment programs, Teen REACH (ages 10 - 17) and gang prevention and community family intervention; Community Services including English literacy and family literacy classes, citizenship workshops and preparation classes, and native language literacy classes; and Health and Fitness Services including Swim lessons (adult and child), low-impact aerobics, aquatic exercise, fitness center, Hispanic Women's Health Promoters Project, parent-child classes, corporate health packages,basketball and volleyball,team skills building, and facilities rental. Sub-recipient will be allocated $77,000.00 in Program Year 1999 CDBG funds for the installation of a new, ADA-compliant fire alarm system. CDBG funds shall be used for obtaining specifications via a Request for Proposal for specifications, and for completion of the project via a separate Request for Bids for provision and installation of the fire alarm system. The scope of work includes providing smoke and heat detectors, horns and strobe lights, pull stations, duct detection, control panel, annunciator panel, and elevator recall. Sub-recipient shall perform their activities in a manner satisfactory to Grantee and consistent with any standards required as a condition of providing these funds and shall comply with all applicable Federal, state, and local statutes, rules and regulations governing such CDBG funds. Such project will include the following activities eligible under the CDBG Program: Activity# 1: Grantee shall obtain specifications for the fire alarm system. Sub-recipient shall review and approve, in writing, the specifications for facility improvements. Activity#2: Grantee shall prepare one Request for Proposal, for system specifications,and one Request for Bids, for provision and installation of the system, and upon approval of Sub-recipient, distribute the Requests to appropriate vendors. Activity#3: Sub-recipient shall oversee progress of the fire alarm system installation. Completed facility improvements shall be approved by the Sub-recipient, in writing,prior to the City of Elgin's release of payment to the contractor. Activity#4: Sub-recipient shall submit monthly construction status reports to Grantee. Activity#5: Sub-recipient shall maintain records in accordance with Section 2 of this Agreement and shall submit quarterly statements to the Grantee documenting number of clients served, client income and client household size, as required by the U.S. Department of Housing and Urban Development. B. Eligibility and National Objectives YWCA OF ELGIN, ILLINOIS certifies that the activities undertaken pursuant to this Agreement will be implemented in accordance with CDBG eligibility and national objectives criteria. Sub- recipient is eligible to receive CDBG funds for the rehabilitation of commercial buildings owned by a non-profit organization pursuant to 570.202 (a)(4)and(b)(2). Improvements shall benefit low and moderate income persons on a limited clientele basis pursuant to 570.208 (a)(2)(B). Documentation on family size and household income will confirm that at least 51%of the clients are low and moderate income households. C. Levels of Accomplishment In addition to the normal administrative services required under this Agreement, Sub-recipient commits to achieving the following implementation milestones which are the sole responsibility of the Sub-recipient. Activity Date of Completion Activity# 1: Review and Approve Plans Submit to Grantee by 8/10/01. Activity#2: Oversee and Approve Installation 9/10/01 or start of work through project completion. Activity#3: Construction Progress Reports Submit monthly beginning 9/10/01 or start of work, through project completion. Due to Grantee on the first of each month. Activity#4: Project Completion Approval Upon completion of work,provide written notice to Grantee that contractor work has been satisfactorily completed. Activity#5: Clientele Data Reports Submit quarterly, April 15, July 15 October 15 and,January 15 during and after construction beginning 10/15/01 and ending 10/15/06. D. Budget Sub-recipient expenditures are not to exceed the following budget as provided by the City of Elgin through the Community Development Block Grant Program: Line Item: Amount: Fire alarm system specifications and installation $77,000.00 Total Project Budget $77,000.00 2. Records and Reports A. Types and Schedules Sub-recipient certifies that it will make all records pertaining to this Agreement available to the Grantee, U. S. Department of Housing and Urban Development, Comptroller General of the United States, or any of their duly authorized representatives, until such time as they are no longer required under this Agreement. Sub-recipient shall maintain the following records which are necessary to guarantee project eligibility and for reporting/monitoring purposes. Sub- recipient will retain all records pertinent to this Agreement for a period of 5 years from the date of this Agreement, starting 7/11/01 and ending 7/11/06. 1. Number of clients served,household size and household income. 2. Documents related to the fire alarm system project. B. Invoices and Payments Grantee will maintain financial management of the program. Payments to contractor(s) will be processed by Grantee upon approval of Sub-recipient and after submittal of timesheets from contractors. 3. Uniform Administrative Requirements Sub-recipient certifies that they will comply with applicable administrative requirements as set forth in 24 CFR part 570.502 (b) (see Exhibit B). These specifically include: 1. OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", implemented at 24 CRF Part 84(see Exhibit C). 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations"(see Exhibit D). 3. OMB Circular A-133 "Audits of Institutions of Higher Education and Other Non-profit Institutions"(see Exhibit E). 4. Other Program Requirements Sub-recipient will conduct activities authorized under this Agreement in compliance with all Federal laws and regulations described in 24 CFR Part 570, Subpart K (see Exhibit F). They may not, however, assume Grantee's environmental responsibilities described at 570.604 or assume Grantee's responsibility for initiating reviews required pursuant to 24CRR Part 52 (see Exhibit G). The applicable laws and regulations include: 570.600 General. 570.601 Public Laws 88-352/90-284; affirmatively furthering fair housing; Exec. Order 11063. 570.602 Section 109 of the Act. 570.603 Labor Standards. 570.604 Environmental Standards. 570.605 National Flood Insurance Program. 570.606 Displacement,relocation, acquisition, and replacement of housing. 570.607 Employment and contracting opportunities. 570.608 Lead-based paint. 570.609 Use of debarred, suspended, or ineligible contractors or sub-recipients. 570.610 Uniform administrative requirements and cost principles. 570.611 Conflict of interest. 570.612 Executive Order 12372. 570.613 Eligibility restrictions for certain resident aliens. 5. Suspension and Termination of Agreement This Agreement may, in accordance with the provisions of 24 CFR Part 85.43, be suspended or terminated by Grantee if Sub-recipient materially fails to comply with any term of this award. The award may also be terminated for convenience, in writing, by either Grantee or Sub-recipient, pursuant to 24 CFR Part 85.44, providing a minimum of 30 days prior notice. The Sub-recipient shall repay to the Grantee all funds used for ineligible activities, further described below. 6. Reversion of Assets In the event the services identified in 1. Statement of Work of this Agreement or other eligible services for low and moderate income individuals are no longer provided at the Facility due to actions by YWCA OF ELGIN, ILLINOIS, unless YWCA OF ELGIN, ILLINOIS has declared breach of contract by Sub-recipient, YWCA OF ELGIN, ILLINOIS shall reimburse the U.S. Department of Housing and Urban Development or the City for all CDBG funds expended for the architectural services and building improvements made with CDBG funds in an amount equal to 6.7% for each year and portion of each year remaining on the five-year useful life of the building improvements. The term of the five-year useful life of the building improvements at the Facility shall commence on the date of this Agreement. This provision shall not be construed as limiting the Grantee from asserting any claims against YWCA OF ELGIN, ILLINOIS for the breach of any other terms of this Agreement. Upon project completion as specified in 1. Statement of Work, any remaining CDBG project funds shall be available for reallocation by the Grantee to another eligible CDBG project. If Sub- recipient materially fails to comply with any term of this award, the Sub-recipient shall repay to the Grantee all funds used for ineligible activities. A minimum of 51% of the persons served on an annual basis shall be at or below the Section 8 Income Limits contained in Exhibit A in order for the Sub-recipient to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised from time to time to conform to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51% threshold shall require Sub-recipient to reimburse Grantee for funds expended, in whole or in part, for building improvements. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Sub-recipient and Grantee. 7. Indemnification To the fullest extent permitted by law, Sub-recipient agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Sub- recipient's officers, employees or agents in the performance of this Agreement. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 8. Severability The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise enforceable for any reason, the remainder of this agreement shall remain in full force and effect. 9. Independent Contractor Status This Agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties. 10. Choice of Law This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 11. No Personal Liability No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term of provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. Period of Applicability This Agreement will be in full force and effect from July 11, 2001 through July 11, 2006. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year written above. CIT ELGIN By: Q• Joyce . Par er City Manager YWCA OF ELGIN, ILLINOIS By: Carol Elias Executive Director Attest: / c< Loni Mecum City Clerk f` '1 � City of Elgin Agenda Item No. fi I i G June 22, 2001 1 c ? N TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: Joyce A. Parker, City Manager SUBJECT: Sub-recipient Agreement Between the City of Elgin and YWCA of Elgin, Illinois PURPOSE . The purpose of this memorandum is to provide the Mayor and members of the City Council with information necessary to consider a Sub- recipient Agreement between the City of Elgin and YWCA of Elgin, Illinois. BACKGROUND (ow The City Council allocated $77, 000 in 1999-2000 Community Development Block Grant (CDBG) funds to YWCA of Elgin, Illinois for capital improvements to the YWCA facility located at 220 East Chicago Street in Elgin. Specifically, funds were allocated to be used for the installation of an ADA-compliant fire alarm system, including the cost of engineering services to develop specifications and the cost to provide and install the system. The City of Elgin' s Legal Department has reviewed and approved this Sub-recipient Agreement . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Carol Elias, Executive Director, YWCA of Elgin, Illinois FINANCIAL IMPACT Funds in the amount of $77, 000 . 00 were allocated to this project . Project expenditures will be charged to account number 230-0000- 791 . 93-36 (Buildings/Structures) and project number 154522 . r YWCA Sub-recipient Agreement June 22, 2001 Page 2 LT _ LEGAL IMPACT �►�/ In order to comply with the U. S . Department of Housing and Urban Development' s (HUD) Code of Federal Regulations (CFR) 570 . 203 and HUD directives, YWCA of Elgin, Illinois and the City of Elgin must enter into a Sub-recipient Agreement before funds are expended for the proposed activity. This Agreement identifies data reporting requirements based on household size and income as well as conditions for repayment of funds if the activity assisted with CDBG funds does not comply with federal guidelines for at least a five-year period. ALTERNATIVES The Mayor and City Council can approve the attached Sub-recipient Agreement or choose not to approve the Sub-recipient Agreement and reallocate the project funds to another CDBG project or eligible activity. RECOMMENDATION The recommendation is that the Mayor and City Council approve the attached Sub-recipient Agreement with YWCA of Elgin, Illinois . Respectfully submitted, J ce . Parker City Manager JAP/bei